Opinion
No. 20661.
March 5, 1956. Rehearing Denied March 19, 1956. Writ of Certiorari Denied May 7, 1956.
APPEAL FROM FIRST CITY COURT OF NEW ORLEANS, SEC. "A," NO. 14 506, STATE OF LOUISIANA, HONORABLE ANNA JUDGE VETERS LEVY, J.
Sydney J. Parlongue, Deutsch, Kerrigan Stiles, Gerald J. Gallinghouse, New Orleans, for defendants appellants.
Weiss Weiss, S. Paul Weiss, Jr., New Orleans, for plaintiff appellee.
This litigation emanates from the same building contract, the facts and pertinent issues of which are the same as those found in the case of Moore Steel. Inc., v. Snow, La.App., 85 So.2d 648, with the exception of the amount thereof and the judgment therefor which is $108 and is a claim for material and labor furnished.
In the case of Moore Steel, Inc., v. Snow, we were of the opinion, for the reasons assigned therein, that the contractor, Charles Snow, and his surety, Maryland Casualty Company, were liable in solido to the plaintiff for the amount of its claim, plus costs and ten percent attorney's fees and, by virtue of the stipulation entered into between counsel for the Maryland Casualty Company and counsel for Charles Snow and Paul D. Snow, Jr., the Maryland Casualty Company is entitled to judgment against Paul D. Snow, Jr., and Charles Snow for the judgment rendered against it in the above entitled suit.
For the reasons assigned the judgment appealed from is affirmed.
Affirmed.